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(영문) 서울중앙지방법원 2020.01.21 2019가단5030481
사해행위취소
Text

1. The sales contract concluded on November 2, 2016 between the defendant and the non-party D with respect to the real estate stated in the separate sheet was 15,00.

Reasons

1. Basic facts

A. On November 5, 2015, the non-party E Co., Ltd. (hereinafter “non-party E Co., Ltd.”) concluded a loan transaction agreement with D (hereinafter “the loan agreement in this case”) which provides for the repayment of the principal and interest of D and Oto collateral loan, the loan amount of KRW 30,00,000, the loan period of KRW 30,000, the loan period of KRW 19.04%, the contractual interest rate of KRW 8%, the overdue interest rate of KRW 60, the overdue interest rate of KRW 10%, the overdue interest rate of KRW 60, the overdue interest rate of KRW 12%, the highest interest rate of KRW 29%, the repayment of the principal and interest, and the repayment of the principal and interest of the loan (hereinafter “the loan agreement in this case”). Since around July 2016, D lost its interest due to the repayment of the principal and interest of the loan in this case.

B. On September 28, 2018, the Plaintiff received all rights of the non-party company under the loan agreement of this case, and notified the transfer of the claim to D and reached D around that time.

Article 33,967,670 won of the principal and interest of this case as of February 8, 2019 (=21,818,955 won of the unpaid principal and interest of this case)

In the conclusion of the loan agreement of this case, the non-party company registered the creation of mortgage on the Franland of the Fgland of the Republic of Korea (the date of manufacture, December 17, 2006, October 16, 2015, the odometer 166,992km; hereinafter referred to as the "motor vehicle of this case") owned by D for its collateral amounting to 18,480,000 won.

The non-party company, prior to the assignment of the instant claim, went through the voluntary auction procedure against the instant motor vehicle to Chuncheon District Court G, but the order to deliver the instant motor vehicle was impossible to execute, and the decision to commence auction was revoked.

(v) the mileage as of October 12, 2019 for the instant motor vehicle is 233,628 km, and the used margin of the instant motor vehicle is 7,200,000 won for the vehicle with the odometer as of October 12, 201 at the time of the closing of the instant argument.

(b) disposal of real estate listed in the attached list of D;

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